High Court Kerala High Court

Ammini.P.R. vs Life Insurance Corporation Of … on 1 January, 2008

Kerala High Court
Ammini.P.R. vs Life Insurance Corporation Of … on 1 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3591 of 2007(C)


1. AMMINI.P.R., AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. LIFE INSURANCE CORPORATION OF INDIA,
                       ...       Respondent

2. THE ZONAL MANAGER, L.I.C. OF INDIA,

                For Petitioner  :SRI.RENJITH THAMPAN

                For Respondent  :SRI.VARGHESE C.KURIAKOSE

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/01/2008

 O R D E R
                     ANTONY DOMINIC, J.
                    ===============
                 W.P.(C) NO. 3591 OF 2007 C
               =====================

           Dated this the 1st day of January, 2008

                         J U D G M E N T

Petitioner was an agent of the Life Insurance Corporation of

India. Following certain allegations that are raised, her agency

was terminated by Ext.P4. Aggrieved by Ext.P4, petitioner filed

appeal as per Ext.P5, which was rejected by Ext.P7. That was

communicated under cover of Ext.P6.

2. Although several contentions are raised by the

petitioner on the unsustainability of Ext.P7, I am not required to

consider those contentions for the reason that admittedly Ext.P7

was passed without notice to the petitioner. Principles of natural

justice requires that before an Appellate Authority decides on an

appeal, the appellant should be put on notice. This has not been

complied with in this case and therefore, for the reason that the

petitioner was not given notice or heard, Ext.P7 order deserves to

WPC 3591/07
:2 :

be set aside.

3. Accordingly, Ext.P7 will stand quashed and the 2nd

respondent shall reconsider Ext.P5 appeal filed by the petitioner

against Ext.P4. This the 2nd respondent shall do with notice to the

petitioner, as expeditiously as possible, at any rate within six

weeks of production of a copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp